[HISTORY: Adopted by the Town Council of
the Town of Charlestown 2-10-1992 as part of Ord. No. 184; amended in its
entirety 2-12-2018 by Ord. No.
378. Subsequent amendments noted where applicable.]
The goals of this chapter are to:
A.
Provide
for the regulation of the public waters within the Town of Charlestown,
as described herein and hereafter referred to as the "coastal ponds,"
by establishing regulations that balance and manage the diverse uses
of the coastal ponds of the Town of Charlestown; and to minimize user
conflicts.
B.
Ensure
that all waterway activities are occurring in a safe and controlled
manner so as to prevent unnecessary accidents through the administration
and enforcement of the Harbor Management Plan, and the rules and regulations
established pursuant hereto.
C.
Provide
a mechanism to ensure that the administration and operational costs
of this chapter and the Harbor Management Plan are shared by the Town
of Charlestown, private and commercial mooring owners and other groups
or individuals as may be identified by the Coastal Pond Management
Commission, hereinafter described.
D.
Regulate,
monitor, administer and manage all moorings placed in the coastal
ponds by providing fair and efficient means for mooring space allocation,
the continuation of mooring services and the maintenance of mooring
areas.
E.
Maintain,
improve and develop public access opportunities to the coastal ponds
of the Town of Charlestown for the benefit of all user groups, including
those without boats who seek to use the coastal ponds for passive
and active recreation.
F.
Remain
consistent with the goals and regulations of the Rhode Island Coastal
Resources Management Council, the Rhode Island Department of Environmental
Management, the State Guide Plan and the United States Army Corps
of Engineers.
G.
Maintain
and improve the quality of water within the jurisdictional boundaries
of the Town of Charlestown.
H.
Maintain
compliance with the Town of Charlestown Comprehensive Plan, as the
same may be amended from time to time.
The following definitions will apply to this chapter and any
regulations that are adopted pursuant to Chapter 96-5 hereof:
- ANCHOR
- To secure a vessel temporarily to the bottom of a water body by dropping an anchor or other ground tackle from a vessel.
- BREACHWAY
- A connecting channel, usually between a coastal pond and the ocean, which permits water exchange between the two.
- CHANNEL
- Any water areas that are reserved for unobstructed movement of vessels.
- COASTAL POND MANAGEMENT COMMISSION
- An appointed group of residents who are responsible for overseeing and instituting the Town Harbor Management Plan's rules and regulations.
- COASTAL PONDS
- Ninigret Pond, Quonochontaug Pond and Green Hill Pond, described as coastal ponds or lagoons located behind a barrier beach which, in their natural condition, permanently or occasionally exchange waters with the ocean.
- FAIRWAY
- Any locally designated water areas reserved for unobstructed movement of vessels.
- HARBOR MASTER
- An official appointed by the Town Council of the Town of Charlestown upon the recommendation of the Town Administrator to carry out the provisions of this chapter or any other ordinance and any additional regulations subsequently adopted for the implementation of the ordinance.
- LAUNCHING RAMP
- A man-made or natural facility used for the launching and retrieval of boats.
- MARINA
- Any dock, pier, wharf, float, floating business, or combination of such facilities that services five or more recreational boats.
- MARINE SANITATION DEVICE (MSD)
- A specific piece of machinery or system of machinery that is dedicated to treat, process, and/or store raw, untreated sewage that can accumulate onboard water vessels. It does not refer to portable devices such as portable toilets.
- MOOR
- To permanently secure a vessel to the bottom of the water body by the use of mooring tackle.
- MOORING
- A place or a semipermanent anchorage installation consisting of a heavy anchor, mooring buoy and a pennant whereby buoyant vessels are secured to the bottom of a water body in accordance with this chapter.
- MOORING PERMIT, COMMERCIAL
- A permit issued to a commercial entity by the harbor master, and where the mooring tackle associated with the mooring permit is located on the coastal ponds within a Coastal Resources Management Council approved mooring field and can be rented by the permit holder for profit.
- MOORING PERMIT, PRIVATE
- A mooring permit that is issued by the harbormaster to an individual, or a waterfront association within the coastal ponds, and where the mooring tackle associated with the mooring permit is used by the permit holder.
- MOORING SPACE
- The water space assigned to a permit holder by the harbor master, where the mooring tackle associated with the mooring permit is placed.
- MOORING TACKLE
- The hardware used to secure a vessel at a mooring and which is kept in place seasonally or semiperanently.
- MOORING, WATERFRONT
- A mooring held by a riparian property owner under a permit granted by the Town of Charlestown, and which is located within the coastal waters bordering that property as bounded by the seaward extension of that property's lateral lot lines.
- OUTHAUL
- Non-single-point anchoring device, for the purpose of securing a boat in tidal waters and retrieving it from shore.
- PERSON
- An individual, group of people, firm, association, organization, partnership, trust, company or corporation.
- RECREATIONAL BOATING FACILITY
- A marina, launching ramp, residential and limited recreational boating facilities, recreational wharves, piers, and slips, floats or floating docks, and recreational mooring areas.
- REGISTERED OWNER
- The person owning the vessel assigned to a mooring permit at the time of issue.
- RESIDENT
- Any person whose legal residence is the Town of Charlestown or any person resident in another community or state but who owns real estate within the Town of Charlestown.
- RESIDENTIAL BOATING FACILITY
- A dock, pier, wharf, or float, or combination of such facilities, contiguous to a private residence, condominium, cooperative or other homeowners' association properties that may accommodate up to four (4) boats.
- RIGHT-OF-WAY
- An unobstructed path or corridor from a public thoroughfare or facility leading to or along the coastal ponds and shoreline areas below the mean high-water mark.
- TRANSIENT MOORING
- Any mooring designated for rental and short term use on a first come, first serve basis.
- VESSEL
- Every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water. Specifically excluded by this definition are floating homes or houseboats.
- VESSEL, COMMERCIAL
- Any type of vessel used primarily for any type of commercial venture, including but not limited to fishing, towage, salvage and the carrying of passengers for hire.
- WATERFRONT ASSOCIATION
- A homeowners' association, where the homeowners within the association all have deeded use of a waterfront right of way or a parcel of waterfront property.
The coastal ponds of the Town of Charlestown are those coastal
ponds within the jurisdiction of the corporate boundaries of the Town
of Charlestown known as "Ninigret Pond" and "Quonochontaug Pond" and
all other coastal waters not otherwise named within the Town's
jurisdiction.
The Coastal Pond Management Commission shall be the local regulatory
body authorized to regulate the coastal ponds of the Town through
the implementation of the Harbor Management Plan, ordinances, and
regulations. The Coastal Pond Management Commission shall enforce
the provisions and ordinances of the Harbor Management Plan as well
as adopt additional policies, rules and regulations for the implementation
of the Harbor Management Plan and subsequent ordinances and perform
all acts necessary and consistent with the Harbor Management Plan
and such ordinances, subject to the approval of the Charlestown Town
Council and the Coastal Resources Management Council.
A.
Composition.
The Coastal Pond Management Commission shall consist of seven (7)
resident members appointed by the Town Council after duly advertising
the availability of these positions, with representation from each
of the following groups, to the extent possible: two (2) recreational
boaters, one (1) commercial fisherman, one (1) commercial marina or
marine-related service operator, one (1) residential shorefront property
owner and two (2) undesignated members, one (1) of whom shall be a
resident of the Town of Charlestown north of Route 1. At least one
(1) member of the Commission shall have a boat moored or docked on
Ninigret Pond, and at least one (1) member shall have a boat moored
or docked on Quonochontaug Pond. In the event that the Town Council
does not have sufficient applicants from any particular representative
group described above, the position shall be filled with any otherwise
qualified candidate.
B.
Appointments.
Members shall be appointed by the Town Council for terms consisting
of three (3) years. Appointments shall be staggered so that approximately
one-third (1/3) of the membership terms shall expire each year.
C.
Vacancies.
To the extent possible, vacancies shall be filled from the group in
which the vacancy occurred.
D.
Officers.
A Chairman, Vice Chairman and Secretary shall be elected by the members
of the Commission. Meetings shall be called by the Chairman or at
the request of at least three (3) members of the Commission. The Secretary
shall keep minutes of all meetings and file such minutes with the
Town Clerk.
E.
Powers
and duties. The Coastal Pond Management Commission shall be a local
regulatory body authorized to regulate the coastal ponds of the Town
through the implementation of the Harbor Management Plan, ordinances,
and regulations. The Coastal Pond Management Commission is authorized
to:
(1)
Recommend to the Town Council the adoption of rules, regulations,
fees, penalties and other amendments to the Harbor Management Plan
and any subsequent ordinances which may be necessary to fulfill the
goals and objectives of the Harbor Management Plan.
(2)
Recommend additional authorities and duties for the Harbor Master,
hereinafter detailed, with the approval of the Town Council.
(3)
Assist in the preparation of an annual budget in accordance with
the provisions of the Town charter to expend moneys in the Coastal
Pond Management Fund as defined in Chapter 96-8.
(4)
Act as a board of appeals, to hear any person aggrieved by any decision
of the Harbor Master in the enforcement and implementation of this
chapter and the regulations adopted hereunder. The Coastal Pond Management
Commission shall file all of its decisions with the Town Clerk, and
any person aggrieved by a decision of the Coastal Pond Management
Commission may appeal said decision to the Town Council by filing
a notice of appeal with the Town Clerk within fifteen (15) days after
filing of the decision.
(5)
Review and revise as necessary the Harbor Management Plan and its
ordinances and regulations for the Town Council and Coastal Resources
Management Council approval. The Harbor Management Plan and any ordinances
and regulations adopted pursuant thereto shall be reviewed and revised
at least once every five (5) years.
F.
Ex
officio members.
(1)
The Harbor Master shall be a nonvoting, ex officio member of the
Coastal Pond Management Commission.
(2)
The Chairman of the Conservation Commission, or his/her designee,
shall be a nonvoting, ex officio member of the Coastal Pond Management
Commission.
(3)
To enable the Coastal Pond Management Commission to coordinate issues
of mutual concern between adjacent coastal municipalities, there may
be two (2) nonvoting, ex officio members from the Harbor Commission,
one (1) of South Kingstown and one (1) of Westerly, Rhode Island.
G.
Compensation.
Coastal Pond Management Commission members may be compensated for
any normal expenses incurred in the performance of their duties but
shall otherwise not be compensated.
A.
The Coastal Pond Management Commission shall adopt rules of procedure
and regulations for the operation of this chapter, which regulations
shall not become effective until approved by resolution of the Town
Council after public hearing.
B.
Mooring Regulations.
(1)
Permitting Process.
(a)
No mooring tackle shall be located in the Coastal Ponds of the
Town of Charlestown until a valid permit has been issued for the use
of such mooring tackle by the Harbor Master, and when the mooring
tackle associated to the mooring permit conforms to specifications
and standards set forth in these regulations.
(b)
Request for a Mooring Permit.
[1]
The Harbor Master must be contacted directly for all mooring
permit requests to provide the mooring permit applicant with the correct
application that must be submitted.
[2]
Mooring permit applications can be obtained from the Harbor
Master or the Town Clerk's office. An application shall be accompanied
by the appropriate fee and shall be received by the Town Clerk. A
complete and accurate mooring permit application must be provided
before the Harbor Master can act to approve or reject such application.
The Harbor Master shall determine if a mooring permit can be issued
only after all provisions of the Harbor Management Plan and the regulations
are met.
[3]
If a mooring permit cannot be issued to an applicant, the applicant
can request to be placed on the mooring permit wait list. A mooring
permit wait list application can be obtained from the Harbor Master
or the Town Clerk's office, and can also be completed electronically
online. A complete and accurate mooring permit wait list application
must be submitted along with the required one time processing fee
as described in Chapter 98-6 before the Harbor Master can approve
or reject such application.
[4]
At the time a mooring permit wait list applicant's name
comes up on the wait list to be granted an available mooring permit,
the applicant will be notified via email by the Harbor Master that
a mooring permit has become available. The applicant will have fourteen
(14) days to accept the mooring permit. Upon acceptance of an available
mooring permit, the applicant will be provided a mooring permit application
by the Harbor Master. A complete and accurate mooring permit application,
along with the required mooring permit fee as described in Chapter
96-6, must be submitted within 14 days to the Harbormaster or the
Town Clerk's office before the Harbor Master can act to approve,
or reject the issuance of a mooring permit to the applicant.
[5]
If the Harbor Master issues a mooring permit, the permit holder
for which such permit has been issued must locate the mooring tackle
at the direction of the Harbor Master or Assistant Harbor Master(s)
in accordance with the Harbor Management Plan and these regulations.
(c)
Permit Renewals.
[1]
The Harbor Master shall mail a notice of mooring permit renewal
along with mooring permit renewal instructions by March 1 of each
year to those persons who held valid mooring permits at the end of
the previous calendar year, to the address listed on their last mooring
permit. It shall be the responsibility of the mooring permit holder
to notify the Harbor Master of any change in address.
[2]
A mooring permit renewal must be completed electronically online,
and mooring fees as described in Chapter 96-6 be paid in full by March
31. A mooring permit holder may request a mooring permit renewal application
be provided if the applicant is unable to complete the mooring permit
renewal electronically online. Applications for renewal of a valid
mooring permit shall be submitted to the Harbor Master or the Town
Clerk's office by March 31 of each year and shall be accompanied
by the appropriate fee.
[3]
Failure to submit a complete and accurate application by March
31 of each year will result in a late fee as described in Chapter
96-6. Applications for renewal not received prior to June 1 of each
year will result in revocation of the mooring permit by the Harbor
Master.
(2)
Relocation of an Existing Permitted Mooring Tackle.
(a)
All requests for relocation of existing permitted mooring tackle
must be submitted to the Harbor Master in writing by mail or email.
The mooring permit holder must have been issued a valid mooring permit
for the previous year, and provide the reason for the request to relocate
mooring tackle associated with the mooring permit. Based on availability
of space, requirements of the ordinance, and type and size characteristics
of the vessel, appropriate action will be taken on the request. Any
request received by the Harbor Master that is not complete and in
writing will result in the request being denied, and no action will
be taken.
(3)
Failure to Renew an Existing, Valid Mooring Permit.
(a)
Failure to renew an existing valid mooring permit in accordance
with provisions of these regulations by June 1 of any given year shall
result in the permit holder's surrender of the mooring permit,
and abandonment of all his privileges and interests in the previously
permitted mooring space. The Harbor Master, shall make available the
surrendered mooring permit for issuance, and may remove the now abandoned
mooring at the permit holder's expense. Such expenses may in
turn be recovered by the Town, in accordance with any provision of
these regulations.
(4)
Forfeiture of a Mooring Permit and Mooring Tackle Space:
(a)
Failure to comply with requirements of the ordinance or regulations.
(b)
Removal of mooring tackle by the permit holder and notification
to the Harbor Master that the mooring has been removed.
(c)
Failure to comply with and remedy within thirty (30) days violations
described in the Harbor Master's violation notice that the mooring
does not comply with the mooring tackle standards hereinafter set
forth.
(d)
Any mooring tackle that is not associated with a commercial
mooring permit that is being rented for profit.
(e)
Any mooring in violation of the regulations set forth for the
request of temporary mooring tackle use as described in Chapter 96-5B(7)(c.).
(f)
Any such forfeited mooring permit shall remain in the name of
the permit holder for a period of twenty-one (21) days after notice
by certified mail to the permit holder, within which time the permit
holder shall have the right to appeal the forfeiture. In the event
the appeal is not granted, the Harbor Master shall have the right
to issue the mooring permit and dispose of such mooring tackle as
he/she sees fit.
(5)
Available Space.
(a)
The total number of moorings not associated with waterfront
property permitted in both coastal ponds within the Town of Charlestown
shall not exceed 300.
(b)
The Harbor Master shall determine the number of mooring spaces
available for mooring placement within designated mooring fields.
These available mooring spaces shall be made available to those persons
whose names appear on the mooring permit waiting list as described
in Chapter 96-5B(6).
(c)
Charlestown residents shall be given priority for a mooring
permit over non-residents. A non-resident shall not lose priority
for a mooring permit to a resident more than three times before such
non-resident is given first priority to an appropriate mooring space.
In the case of a mooring field located within a federal navigation
project, permits shall be allocated according to the U.S. Army Corps
of Engineers requirement of "open to all on a fair and equitable basis."
(d)
If any mooring permit waiting list applicant shall refuse a
grant of mooring space, his or her application shall be removed from
the mooring permit waiting list. Requests for mooring tackle relocation
shall be given the same preferential treatment as stated above regarding
residents and non-residents. All approved mooring permits, and approved
mooring tackle locations shall be recorded by the Harbor Master after
all requirements as described in Chapter 96-5B(8)(b) have been met.
(e)
If an applicant on the mooring wait list has been granted a
mooring permit by the Harbor Master, upon acceptance, the applicant
must provide proof that they will have a vessel to occupy the mooring
to the Harbor Master within sixty (60) days, or the mooring permit
shall be revoked and there shall be no refund of any collected mooring
fees. Accepted forms of proof shall be a copy of a state issued boat
registration, boat title, bill of sale, or a boat rental/lease agreement
in the name of the applicant.
(f)
If an applicant on the mooring wait list has been granted a
mooring permit by the Harbor Master, upon acceptance, mooring tackle
must be installed in the designated location, or provide proof that
a mooring tackle installation has been scheduled with an approved
mooring inspector within sixty (60) days. If the mooring tackle has
not been installed, or proof of a scheduled mooring tackle installation
by an approved mooring inspector has not been provided, the granted
mooring permit will be revoked and there will be no refund for any
collected mooring fees.
(6)
Waiting List.
(a)
The Harbor Master shall maintain a waiting list of applicants
seeking a mooring permit when the allowable limit of mooring permits,
not to include Waterfront Mooring Permits, has been issued, or no
mooring space in the designated mooring fields is available. Placement
of applicants on such a waiting list will be recorded from completed
mooring permit waiting list applications as they are received and
approved by the Harbor Master. A one-time application processing fee
set by the Coastal Ponds Management Commission as described in Chapter
96-6, will be applied and due at time of initial application by an
applicant to be placed on the waiting list. The Harbor Master shall
update the waiting list at least twice a year in January and June,
and make available for public review at all times online, and at the
Town Clerk's office.
(b)
The Waiting List Application form shall include an applicant's
name, mailing address, contact phone numbers, email address, boat
information if available, requested mooring field location, and signature.
(c)
Waiting List Application Renewal forms will be sent out annually
during the month of October and must be completed by current waiting
list applicants to remain on the waiting list for the next season.
Renewal forms must be completed and returned to the Harbor Master
or the Town Clerk's office no later than November 30. Waiting
List Applicants who fail to submit a waiting list application renewal
form by November 30 will be removed from the waiting list.
(d)
Waiting list requirements:
[1]
A Waiting List Application must be submitted to the Harbor Master
or the Town Clerk's office by the applicant requesting to be
placed on mooring permit waiting list. All required information must
be completed before waiting list application will be accepted for
processing.
[2]
Waiting list application Processing Fee as described in Chapter
96-6.
[3]
Completion of a Waiting List Renewal Application annually by
the listed applicant.
(7)
Occupancy of Mooring.
(a)
Nothing other than the vessel, or its tender, which has been
permitted for a mooring permit shall occupy said mooring tackle. The
Harbor Master shall have the authority to move any vessel or other
object violating provisions of this section, with such movement at
the expense and risk of the vessel or object owner.
(b)
Mooring tackle associated with any mooring permit must be occupied
by the mooring permit holder's vessel for the majority of the
mooring season.
(c)
The Harbor Master may permit temporary use of mooring tackle
associated with an approved mooring permit by another person upon
written request to the Harbor Master by the permitted mooring permit
holder for a Private or Waterfront (Riparian Rights) mooring permit.
[1]
The Mooring permit and mooring tackle shall not be in violation
of this chapter.
[2]
A Temporary Mooring Use Form must be completed by the mooring
permit holder and submitted to the Harbor Master before a request
for temporary mooring use will be approved or rejected by the Harbor
Master.
[3]
A non-refundable processing fee as described in Chapter 96-6
will be due for each request for temporary mooring use and shall be
paid before a request for temporary use will be approved or rejected
by the Harbor Master.
[4]
Up to four requests for temporary use of mooring tackle will
be allowed, with a maximum of fourteen (14) days use per approved
request.
[5]
The permit holder is responsible for ensuring that any users of their mooring tackle abide by Town ordinances Chapter 86, Boats and Waterways, and Chapter 96, Coastal Ponds and Mooring. Any violations will result in future requests by the permit holder for temporary mooring use to be denied, and/or subject to the provisions of Town Code of Ordinances, Chapter 96-7, Penalties for offenses, and fines.
[6]
Any violations of Chapter 96-5B(7)(c.) will result in the said
mooring permit being revoked, and the forfeiture of mooring space.
(8)
Mooring Permit Classification and Requirements.
(b)
Mooring Permit Requirements.
[1]
Private Mooring Permit:
[a]
Available to both resident and non-resident applicants who are
listed on the mooring permit waiting list where moorings are issued
as they become available and as described herein in Chapter 96-5B(5).
[b]
A holder of a Private Mooring Permit issued by the Harbor Master
is authorized to moor any vessel they so choose, as long as the vessel
is sea worthy, and does not exceed the maximum allowed vessel size
of the mooring tackle as described herein in Chapter 96-5B(16).
[c]
Mooring tackle of a Private Mooring Permit shall be located
within an approved mooring field as designated within the Harbor Management
Plan.
[d]
Proof of boat ownership is required to obtain and hold a Private
Mooring Permit. Documentation with vessel information shall be submitted
to the Harbor Master upon request.
[e]
A Storm Preparedness and Recovery Plan shall be completed and
submitted to the Harbor Master.
[f]
Private Mooring Permit holders may request the temporary use
of mooring tackle by another person in accordance with Chapter 96-5B(7)(c.).
[g]
Private Mooring Permits in effect in violation of these regulations
will be revoked by the Harbor Master and there shall be no refund
of collected mooring fees.
[h]
The annual fee for a Private Mooring Permit is set by the Coastal
Ponds Management Commission, and can be found in the Town Code of
Ordinances, Chapter 96-6: Fees.
[2]
Waterfront Mooring Permit (Riparian Rights):
[a]
Waterfront mooring permits are available to residents or associations
with waterfront property (Riparian rights). This does not include
individual property owners who have deeded use of waterfront right
of ways.
[b]
Mooring tackle owned by persons who own waterfront property
are allowed to be placed in the coastal ponds of the Town in riparian
waters directly adjacent to their waterfront property as bounded by
the seaward extension of that property's lateral lines. The property
owner must comply with all mooring permit application requirements
and receive a mooring permit from the Harbor Master as described herein,
and the mooring tackle must meet all mooring tackle standards and
inspections as described hereinafter, before such placement will be
permitted. One (1) such mooring tackle is allowed to be placed in
these areas by waterfront property owners.
[c]
A holder of a Waterfront Mooring Permit issued by the Harbor
Master is authorized to moor any vessel they so choose, as long as
the vessel is sea worthy, and does not exceed the maximum allowed
vessel size of the mooring tackle as described herein in Chapter 96-5B(16).
[d]
Persons who have an approved mooring permit associated with
waterfront property (riparian rights) may apply to have an outhaul.
[See Chapter 96-5B(16)(d.) for specifications.] Outhaul mooring arrangements
are not considered moorings, but the Harbor Master may authorize an
annual permit for such, provided that Charlestown has a Coastal Resources
Management Council approved and active harbor management plan. An
outhaul is a non-single-point anchoring device, for the purpose of
securing a boat in tidal waters and retrieving it from shore.
[e]
Except as provided below, an outhaul(s) is/are to be permitted
to the contiguous waterfront property owner.
[i]
Up to two (2) outhauls may be allowed per waterfront
property.
[ii]
Outhauls are not permitted on properties which
contain a recreational boating facility.
[iii]
Permits are to be issued only if they are consistent
with the Rhode Island Coastal Resources Management Program (Red Book),
including the provisions of Section 300.18 (must not disturb submerged
vegetation or habitat).
[iv]
Charlestown procedures acknowledge that the Coastal
Resources Management Council retains the authority to revoke any permits
issued by the Town of Charlestown if it finds that such permit conflicts
with the Rhode Island Coastal Resources Management Program.
[v]
From November 1st to April 1st, when a boat is
not being secured by the device on an annual basis, the outhaul cabling
system shall be removed.
[vi]
Outhauls may be "grandfathered" in their current
location upon annual Harbor Master documentation that such outhauls
have been in continuous use at such location since 2004 and the contiguous
property owner(s) agree in writing to such; however, such "grandfathering"
is extinguished whenever a recreational boating facility is approved
at the location.
[f]
Proof of boat ownership is required to obtain and hold a Waterfront
Mooring Permit. Documentation with vessel information shall be submitted
to the Harbor Master upon request.
[g]
A Storm Preparedness and Recovery Plan shall be completed and
submitted to the Harbor Master.
[h]
Waterfront Mooring Permit holders may request the temporary
use of mooring tackle by another person in accordance with Chapter
96-5B(7)(c.).
[i]
Waterfront Mooring Permits in effect in violation of these regulations
will be revoked by the Harbor Master and there will be no refund of
collected mooring fees.
[j]
The annual fee for a Waterfront Recreational Mooring Permit
is set by the Coastal Ponds Management Commission and can be found
in the Town Code of Ordinances, Chapter 96-6: Fees.
[3]
Commercial Mooring Permit:
[a]
Available to a commercial entity as defined in Chapter 96-2
only.
[b]
Rental use of mooring tackle associated with an approved Commercial
Mooring Permit is allowed, and may be occupied by any vessel type,
recreational or commercial.
[c]
The permit holder is required to complete and submit to the
Harbor Master, a Temporary Mooring Use Form for any vessel utilizing
the mooring at any time. A new form must be completed and submitted
at any time the vessel utilizing the mooring is to change.
[d]
The permit holder must provide a description of what the mooring
will be used for.
[e]
Adequate parking and sanitary facilities must be provided.
[f]
Mooring tackle must be located within an approved mooring field
as designated within the Harbor Management Plan and placed at the
location within the mooring field as directed by the Harbor Master.
[g]
Commercial Mooring Permits in effect in violation of these regulations
will be revoked by the Harbor Master and there will be no refund of
collected mooring fees.
[h]
A Storm Preparedness and Recovery Plan shall be completed and
submitted to the Harbor Master.
[i]
The annual fee for a Private Mooring Permit is set by the Coastal
Ponds Management Council, and can be found in the Town Code of Ordinances,
Chapter 96-6: Fees.
(9)
Mooring Permit Application requirements.
(a)
All applications for a mooring permit shall contain the following
information.
(b)
All applications for a mooring permit shall include a Storm
Preparedness and Recovery Plan to be completed by the mooring permit
holder or applicant.
[1]
Private Mooring Permit.
[a]
Applicant information shall include: Name, mailing address,
local address if applicable, twenty-four-hour contact phone, secondary/cell
phone if applicable, email address, and an emergency contact with
a twenty-four-hour contact phone number.
[b]
Vessel information shall include: state issued boat registration
number as displayed on the vessel, hull identification number, year,
make, model, color, length, width, draft, and marine sanitation device
type.
[c]
Mooring Information shall include: mooring permit number, mooring
permit field assignment, date of last mooring inspection, mooring
inspection status, and current mooring service provider.
[d]
Signature accepting the rules and regulations.
[2]
Waterfront Mooring Permit.
[a]
Applicant information shall include: Name, mailing address,
local address if applicable, twenty-four-hour contact phone, secondary/cell
phone if applicable, email address, and an emergency contact with
a twenty-four-hour contact phone number.
[b]
Vessel information shall include: state issued boat registration
number as displayed on the vessel, hull identification number, year,
make, model, color, length, width, draft, and marine sanitation device
type.
[c]
Mooring Information shall include: mooring permit number, mooring
permit field assignment, date of last mooring inspection, and current
mooring service provider.
[d]
Signature accepting the rules and regulations.
[3]
Commercial Mooring Permit.
[a]
Applicant information shall include: Name of Business, business
contact person, mailing address, local address if applicable, twenty-four-hour
contact phone, secondary/cell phone, email address, and an emergency
contact with a twenty-four-hour contact phone number.
[b]
Mooring Information shall include: mooring permit number, mooring
permit field assignment, date of last mooring inspection, mooring
inspection status, and current mooring service provider.
[c]
Signature accepting the rules and regulations.
(10)
Numbering.
(a)
Each mooring permit and the mooring tackle associated with the
mooring permit located in the Coastal Ponds of the Town of Charlestown,
once permitted, shall be assigned a number annually by the Harbor
Master.
(11)
Mooring Records.
(a)
The Harbor Master shall keep a detailed record of all mooring
permits, mooring tackle, their location, along with the permit holder's
name, home mailing (and business, if applicable) address, telephone
number(s), mooring permit number, date mooring was set, last mooring
inspection date, and vessel data. The Harbor Master may keep separate
or combined private or commercial mooring records, in accordance with
this provision.
(b)
The Harbor Master shall keep on file Individual Boater Storm
Preparedness and Recovery Plans submitted as required by mooring permit
holders.
(12)
Permit Ratios.
(a)
Commercial moorings shall comprise no more than ten percent
(10%) of all moorings in all designated mooring fields considered
in total. Mooring permits associated with waterfront property owners
are not to be included in this ratio.
(13)
Transfer of Moorings.
(a)
Transfer of a private mooring permit to an immediate family
member of the mooring permit holder (brother, sister, mother, father,
spouse, children or grandchildren), as designated by the mooring permit
holder, on a one-time basis is permitted. Subsequent transfers of
the mooring permit by the mooring permit transferee is prohibited
under any circumstances.
(b)
Transfer of a Commercial Mooring Permit shall not be permitted.
(14)
Anchoring, Town Transient, and Waterfront Associations.
(a)
Any vessel may anchor on its own anchor in the Coastal Ponds
of the Town for a period not to exceed forty-eight (48) hours. Written
consent of the Harbor Master must be obtained for periods longer than
forty-eight (48) hours. Owners or operators of such vessels may go
ashore, but must be available to tend the vessel in the event of heavy
weather or other emergency and must notify the Harbor Master where
they may be reached in case of emergency. Anchored vessels must be
kept clear of all moored vessels. No vessel may anchor in any navigation
channel, fairway, ingress and egress path, mooring field, or swimming
area.
(b)
The Town does not have moorings available for public transient
use.
(c)
The existence of a waterfront association confers no special
priorities with regard to assignment of moorings to its association
members. A waterfront association must certify to the Harbor Master
that parking and dingy storage space is available for association
members when parking and dingy storage is necessary for access to
mooring tackle. Dinghy storage shall not be placed where it may damage
the coastal buffer. Waterfront associations are required to keep parking
and dinghy storage areas free of liter and abandoned boats. Mooring
permits that are issued to waterfront associations must be located
in Charlestown, and Coastal Resources Management Council approved
mooring fields.
(15)
Mooring Fields.
(a)
No mooring shall be located or placed within the Coastal Ponds
of the Town without a valid mooring permit issued by the Harbor Master
and without having the mooring inspected as detailed herein and approved
by the Harbor Master. The Harbor Master must direct the placement
of the mooring.
(b)
No vessel so moored shall extend beyond the designated mooring
field boundaries as described in the Harbor Management Plan.
(c)
All designated mooring fields sited within the coastal ponds
of the Town shall be set back a minimum distance of:
[1]
Fifty (50) feet from the Mean High Water (MHW) mark of the shore,
and fifty (50) feet from shore side structures such as, but not limited
to, docks and piers; and
[2]
One hundred (100) feet from the center line of all navigation
channels, fifty (50) feet from center line of all fairways, and twelve
and a half (12.5) feet from ingress and egress paths to shore side
structures including but not limited to docks, boathouses and launching
ramps. Ingress and egress to and from shore side structures shall
follow the shortest path possible to the navigation channel. The Harbor
Master may designate that docks for adjacent properties share the
same ingress/egress path through a mooring field.
(d)
Mooring Field Designations.
[1]
Certain waters of the Town of Charlestown shall be designated
as mooring fields. Those waters herein designated are authorized for
the placement or permitted moorings as detailed within these regulations.
[2]
Mooring fields designated in accordance with all policies of
the Town of Charlestown's Harbor Management Plan, the policies
and requirements of the Coastal Resources Management Council's
Guidelines for the Development of Municipal Harbor Management Plans,
and the Coastal Resources Management Council's Management Procedures
for Sitting Mooring Fields.
[3]
Any revisions to the size or location of designated mooring
fields shall require Town Council approval. Once Town Council approval
is obtained, approval for the revisions from the Coastal Resources
Management Council shall also be obtained. Once approval has been
obtained from the Coastal Recourses Management Council, the revisions
may take place.
[4]
Visual maps and the established mooring field designations can
be found on the Town of Charlestown website, under Harbor Management
and Boating.
(e)
No mooring shall be placed where the clearance between the hull
bottom of a moored vessel and the coastal pond bottom shall be less
than twelve (12) inches at mean low water (MLW).
(f)
No mooring tackle shall be placed where a boat's swing
will take it within fifty (50) feet of the mean high water (MHW) mark
on the shore, over traditional fishing grounds as defined by the Coastal
Resources Management Council, and public recreation areas. All mooring
or anchorage areas must be sited in relation to these areas so as
to protect and preserve their value, access to, or use of them.
(g)
No mooring tackle shall be placed where a boat's swing
will take it within one hundred (100) feet of the center line of navigation
channels, fifty (50) feet of the centerline of fairways, or twelve
and a half (12.5) feet of the center line of ingress or egress paths
to and from shore side structures.
(h)
Mooring tackle shall be arranged so as to minimize the possibility
of collision with other moored boats. The swing of any moored boat
may not come closer than fifty (50) feet to any shoreline or shore
side structure.
(i)
A "No-Wake" speed of five (5) mph shall be observed in all mooring
areas.
(j)
No mooring shall be located within three hundred (300) feet
of federal, state or Town conservation areas, except in the case of
that mooring tackle owned by a waterfront property owner whose property
is adjacent to a conservation area.
(k)
All mooring fields shall be serviced by adequate and accessible
marine pump out facilities and dump stations, which are at all times
maintained in operational condition.
(16)
Mooring Tackle Specifications.
(a)
All mooring tackle placed under these regulations must meet
the following standards and be comprised of the following components.
[1]
Mooring tackle shall consist of an approved anchor, two (2)
sections of galvanized steel chain connected with a galvanized steel
swivel and shackle, a buoy and a nylon pendant.
[2]
The length of the anchor chain connected to the anchor shall
be equal to at least three-eighths (3/8) inch in diameter and one
and one-half (1 1/2) times the maximum depth of water at mean high
water (MHW) where the mooring is placed and be connected to a second
length of chain by a swivel. The second length of chain shall be at
least three-eighths (3/8) inch in diameter and equal in length to
the maximum depth of water at mean high water (MHW). All shackles
shall be safety wired.
[3]
The mooring buoy shall be constructed of encapsulated high density
foam. The buoy shall have buoyancy rating sufficient to support the
weight of the lighter chain so that at least two-thirds of the buoy
projects above the water surface.
[4]
The nylon pendant shall consist of a minimum one-half (1/2)
inch line, and equal in length to one and one-half (1 1/2) times the
distance from the water line to the bow chock. The pendant shall be
secured to the bottom of the buoy with a spliced thimble and shackles
and equivalent anti-chaffing gear at the boat end.
[5]
The following table shall establish guidelines for the weight
of the approved anchor. The Harbor Master may modify these guidelines
based on conditions at the mooring site taking into account such factors
as composition of the bottom, wave height, current, and wind conditions.
In cases where the anchor is in less than three (3) feet of water
at mean low water (MLW), a marking buoy shall be suspended above the
anchor to mark its location as a hazard to navigation.
|
Boat Length
|
Anchor Weight
|
Lower Chain
|
Upper Chain
|
Pennant
|
|---|---|---|---|---|
|
Under 10'
|
50 lbs.
|
3/8"
|
3/8"
|
1/2"
|
|
10-15'
|
75 lbs.
|
3/8"
|
3/8"
|
1/2"
|
|
16-19'
|
150 lbs.
|
1/2"
|
3/8"
|
1/2"
|
|
20-22'
|
200 lbs.
|
1/2"
|
1/2"
|
1/2"
|
|
23-25'
|
250 lbs.
|
5/8"
|
1/2"
|
5/8"
|
|
26-30'
|
300 lbs.
|
5/8"
|
1/2"
|
5/8"
|
(b)
Both summer floats and pickup buoys must be readily and intelligibly
visible above the water at all times when in use. The winter sticks
or stakes shall not be placed prior to October 1 and shall be removed
from Coastal Pond mooring spaces not later than June 1 of each year.
Assigned Town mooring stickers shall be affixed to mooring float and
permitted boat by June 30. All summer floats and winter sticks or
stakes must be marked with permit holder's assigned number and
blue reflective stripe. Numbers must be bold and at least two (2)
inches in height. No other markings other than the assigned permit
number, and current year mooring permit sticker, shall be visible
on the floats. The mooring permit holder's last name may also
be displayed on the mooring float, but it is not required.
(c)
The Harbor Master may approve variances to mooring tackle specifications
other than those minimum standards described herein for specific cases
if such specifications are appropriate for the area in which a mooring
will be located.
(d)
Outhaul Specifications:
[1]
Outhaul pipes shall be a minimum of one and one-half (1 1/2)
inch galvanized steel pipe.
[2]
Outhaul line should be a minimum of three-eighths (3/8) inch.
[3]
All vessels using outhauls must be equal to or less than sixteen
(16) feet in length.
[4]
No motorized vessels with more than eight (8) horsepower shall
use an outhaul.
(17)
Inspections.
(a)
All new moorings in the Coastal Ponds of the Town must have
the chain, tackle, and anchor inspected by a Town qualified mooring
inspector prior to setting the mooring. Once an inspection has been
completed, a certificate of inspection must be completed by the mooring
inspector and forwarded to the Harbor Master.
(b)
Every permit holder shall be required to maintain his mooring
in safe condition. Any chain, shackle, swivel, or other tackle which
has become warped or worn by one-third (1/3) its normal diameter shall
be replaced. Failure to maintain a safe mooring shall be cause for
revocation of the mooring permit and shall be deemed a violation of
these regulations. The Harbor Master or his designee may inspect any
mooring at any time to determine compliance with this section.
(c)
All moorings shall be inspected once every three (3) years by
a Town qualified mooring inspector. The inspection shall be made by
either raising the mooring or by underwater inspection. Such inspection
shall determine compliance with the mooring and mooring tackle standards
of these regulations. The Harbor Master shall record and maintain
records of such inspections. All costs of any mooring inspection required
under the provisions of these regulations shall be the responsibility
of the mooring permit holder. Mooring permit holders will be notified
at time of permit renewal when their mooring tackle is due for inspection.
The Harbor Master shall divide all moorings into three equal groups.
In the first three years of these regulations, two groups will be
inspected earlier than three (3) years. This will be necessary to
develop a three-year rotation. Mooring permit holders shall be responsible
for arranging inspections, and inspections shall be completed by June
30 of the year due.
(d)
Mooring Inspectors.
[1]
Mooring service providers must be certified as qualified by
the Town to conduct inspections and maintain all mooring tackle. To
be certified as qualified by the Harbor Master, mooring inspectors
must meet the following requirements;
[a]
Have submitted an application to be certified as
a qualified mooring inspector along with the application fee as set
forth by these regulations.
[b]
Have completed a mooring inspection and maintenance
training program approved by the Coastal Ponds Management Commission,
or provide proof of other mooring tackle inspection training or experience.
[c]
Have passed a Coastal Ponds Management Commission
approved written mooring inspection exam issued by the Harbor Master.
[d]
Show proof upon request by the Harbor Master of
required equipment to properly conduct mooring tackle inspections.
[e]
Complete all mooring tackle inspections, maintenance,
and modifications in accordance with Chapter 96-5B(16).
(e)
Any mooring tackle component found not to be in compliance with
these regulations shall be subject to issuance of a violation according
to Chapter 96-5B(18).
(18)
Violations.
(a)
Any mooring permit or mooring tackle found not to be in compliance
with this ordinance and regulations or any other related Town or State
statute shall be deemed a violation.
(b)
The Harbor Master is empowered to issue such violations. It
is the discretion of the Harbor Master whether a violation warning
or violation shall be issued.
(c)
The Harbor Master shall issue and make notification of violation
warnings by email, and in person or by certified mail.
[1]
Upon receipt of a violation warning, the person shall have seven
(7) days to contact the Harbor Master.
[2]
If no contact is made within seven (7) days, a violation notice
will be presented in person, or by certified mail.
[3]
Violations to mooring tackle must be rectified within thirty
(30) days or fines and/or penalties will be issued subject to the
provisions of Town Code of Ordinances, Chapter 96-7.
(19)
Fines and Penalties.
(a)
Any violation pertaining to mooring tackle placement and/or
tackle components shall be subject to relocation or removal of mooring
tackle by the Harbor Master at the mooring permit holder's risk
and expense.
(b)
Any violation pertaining to Chapter 96-5B(7) will result in
loss of the mooring permit, and forfeiture of mooring space.
(c)
All violations are subject to the provisions of Town Code of
Ordinances, Chapter 96-7.
A.
Mooring
fees are non-refundable and shall be set annually by the Coastal Pond
Management Commission and shall be approved as part of the Coastal
Pond Management Commission's budget submittal to the Town Council.
At no time shall the fee collected by the Coastal Pond Management
Commission from any mooring permit applicant be less than the following:
(1)
Private Mooring Permit, Resident/Non Resident: One hundred thirty-five
dollars ($135).
(2)
Waterfront Mooring Permit (Riparian Rights): One hundred thirty-five
dollars ($135).
(3)
Commercial Mooring Permit: Two hundred sixty dollars ($260).
(4)
Mooring Permit Application Late Fee: Twenty-five dollars ($25).
(5)
Temporary Mooring Use Fee (Per Request): Twenty-five dollars ($25).
(6)
Mooring Permit Wait List Application Resident/Non-Resident: Twenty-five
dollars ($25).
(7)
Qualified Mooring Inspector Certification: Fifty dollars ($50).
A.
The
Chief of Police or his/her designee shall prosecute any violation
under this chapter after notification by the Harbor Master of said
violation. Such prosecution shall be in the Municipal Court.
B.
Any
violation of this chapter or regulations promulgated hereunder or
any violation of the Town of Charlestown Harbor Management Plan shall
be punishable by a fine not to exceed one hundred dollars ($100) for
each violation or by imprisonment not exceeding ten (10) days. Each
day the violation exists shall be deemed a new violation. Violation
of this chapter may result in the loss of a mooring permit.
C.
It shall be a misdemeanor punishable by a fine of not more than one
hundred dollars ($100) for any person to refuse to move or stop on
oral command or order of the Harbor Master or his designee exercising
the duties lawfully assigned to him.
D.
All fines levied in Chapter 96 are payable to the Town of Charlestown within fourteen (14) days of the offense. Failure to pay the fine as required within fourteen (14) days shall subject the violator to an additional fine not to exceed fifty dollars ($50) and to answer to the offense in Municipal Court, unless such nonpayment is handled in accordance with Chapter 96-7E.
A Coastal Pond Management Fund is hereby created to receive
and expend moneys for coastal pond related purposes as determined
by the Coastal Pond Management Commission and approved by the Town
Council. All revenues generated by Town boat launching fees, mooring
permit fees, qualified mooring inspector fees, other fees of this
chapter and fines levied under the authority of this chapter shall
be deposited into this fund. Funds shall be disbursed for purposes
directly associated with the management and implementation of the
Harbor Management Plan and this chapter. Moneys from this fund shall
be allocated to the Harbor Master and/or his designee for the purpose
of enforcing the provisions of the Harbor Management Plan and/or this
chapter. The Coastal Pond Management Fund shall be established, budgeted
and administered in a manner consistent with the budget procedures
of the Town of Charlestown. It is not anticipated that receipts into
the fund will cover all costs of the Harbor Master and Coastal Pond
Management Commission. Accordingly, additional expenses will be provided
from general funds.
Persons using the coastal ponds of the Town of Charlestown shall
assume all risk of personal injury and damage or loss to their property.
The Town of Charlestown assumes no risk on account of accident, fire,
theft, vandalism or act of God.
All records relating to this chapter and the regulations promulgated
hereunder shall be maintained by the Charlestown Town Clerk, and all
violations shall be processed by the Harbor Master or the Police Department
in accordance with the provisions of law applicable thereto.
